1.Short
title; table of contents
(a)This Act may be cited
as the Marine and Hydrokinetic
Renewable Energy Promotion Act of 2011
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Marine and hydrokinetic renewable energy research and
development program.
Sec. 3. Test facilities.
Sec. 4. National Marine and Hydrokinetic Renewable Energy
Research, Development, and Demonstration Centers.
Sec. 5. Marine-based energy device verification
program.
Sec. 6. Adaptive management and environmental grant
program.
Sec. 7. Administration.
Sec. 8. Authorization of appropriations.
Sec. 9. National Renewable Energy Deployment
Program.
2.Marine and
hydrokinetic renewable energy research and development programSection 633(a) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17212(a)) is amended—
(1)in paragraph
(13), by striking ; and
and inserting a semicolon;
(2)in paragraph
(14), by striking the period at the end and inserting ; and
;
and
(3)by adding at the
end the following:
(15)(A)apply advanced systems
engineering and system integration methods to identify critical interfaces and
develop open standards for marine and hydrokinetic renewable energy;
(B)transfer the resulting environmental
data to industry stakeholders as public information through published interface
definitions, standards, and demonstration projects; and
(C)develop incentives for industry to
comply with the
standards.
.
3.Section 633 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17212) is amended by
adding at the end the following:
(c)
(1)In carrying out this section, not later than 180 days
after the date of enactment of this subsection, the Secretary shall award
competitive grants to support
34 or more
geographically dispersed marine and hydrokinetic renewable energy technology
research, development, and demonstration test facilities for the demonstration
of multiple technologies in actual
operating
environmentsoperating marine environments (including
industry demonstrations).
(2)In
awarding competitive grants under this subsection, the Secretary shall give
preference to existing marine and hydrokinetic testing facilities and existing
Centers established under section 634.
(2)(3)Grants
under this subsection may support—
(A)modification of
an existing facility (including a Center established under section 634);
or
(B)construction of a
new test facility.
(3)(4)In awarding grants under this subsection, the
Secretary shall provide for the demonstration of—
(A)a variety of
technologies at each test facility;
(B)a variety of
technologies among all of the test facilities established; and
(C)technologies on a
variety of scales.
(4)(5)Each
test facility established under this subsection shall—
(A)provide
infrastructure and resources for the evaluation and technical viability testing
of marine and hydrokinetic renewable energy technologies; and
(B)conduct and
support research, development, and demonstration activities with respect to
marine and hydrokinetic renewable energy technologies.
(5)(6)To
be eligible for a grant under this subsection, an applicant for a grant
shall—
(A)be—
(i)a
nonprofit institution;
(ii)a State or local
government;
(iii)an institution
of higher education;
(iv)a National
Laboratory; or
(v)a Center
established under section 634; and
(iv)a university
consortium;
(v)a National Laboratory;
or
(vi)a Center established
under section 634; and
(B)demonstrate to
the satisfaction of the Secretary the ability and intention to—
(i)combine expertise
from relevant academic fields, including fields relating to—
(I)the
environment;
(II)marine
and riverine
sciences;
(III)energy;
and
(IV)electrical,
mechanical, and civil engineering; and
(ii)partner with other
entities that
(III)energy;
(IV)ocean engineering;
and
(V)electrical, mechanical,
and civil engineering; and
(ii)partner with other
entities (including industry) that have expertise in advancing
marine and hydrokinetic renewable energy
technologies.
.
4.National Marine
and Hydrokinetic Renewable Energy Research, Development, and Demonstration
CentersSection 634 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17213) is
amended—
(1)in the section
heading, by inserting and
Hydrokinetic
after Marine
;
(2)in the first
sentence of subsection (a), by inserting and Hydrokinetic
after
Marine
; and
(3)by striking
subsection (b) and inserting the following:
(b)The
Centers—
(1)shall—
(A)advance research,
development, demonstration, and commercial application of marine and
hydrokinetic renewable energy technologies; and
(B)serve as
information clearinghouses for the marine and hydrokinetic renewable energy
industry by collecting and disseminating information on best practices in all
areas relating to developing and managing marine and hydrokinetic renewable
energy technologies; and
(2)may serve as
technology test facilities established under section
633(c).
.
5.Marine-based
energy device verification programThe Energy Independence and Security Act of
2007 (42 U.S.C. 17211 et seq.) is amended—
(1)by redesignating sections 635 and 636 (42
U.S.C. 17214, 17215) as sections 638 and 639, respectively; and
(2)by inserting
after section 634 (42 U.S.C. 17213) the following:
635.Marine-based
energy device verification program
(a)The Secretary shall establish a
marine-based energy device verification program to provide a bridge from the
marine and hydrokinetic renewable energy capture device design and development
efforts underway across the industry to commercial deployment of marine and
hydrokinetic renewable energy devices.
(b)The purposes of the program are to fund,
facilitate the development and installation of, and evaluate marine and
hydrokinetic renewable energy projects, in partnership with Federally Funded
Research and Development Centers, and in conjunction with
Centers
established under section 634, universities and other
institutions of higher education, private business entities, and other
appropriate organizations, in order—
(1)to increase marine
and hydrokinetic renewable energy experience; and
(2)to build and
operate enough candidate devices to obtain statistically significant operating
and maintenance data.
(c)The objectives of the program shall
include—
(1)verifying the
performance, reliability, maintainability, and cost of new marine and
hydrokinetic renewable energy device designs and system components in an
operating environment;
(2)providing States,
regulators, utilities, and other stakeholders with a valid opportunity to test
and evaluate marine and hydrokinetic renewable energy technology in new
areas;
(3)documenting and
communicating the experience from those projects for the benefit of utilities,
independent power producers, other nonutility generators, device suppliers, and
others in the marine and hydrokinetic renewable energy development community;
and
(4)resolving
environmental issues through robust characterization, reliable impact
prediction, effective monitoring, development, and use of adaptive management,
and informing engineering design to improve environmental
performance.
.
6.Adaptive
management and environmental grant programThe Energy Independence and Security Act of
2007 (42 U.S.C. 17211 et seq.) (as amended by section 5) is amended by
inserting after section 635 the following:
636.Adaptive
management and environmental grant program
(a)Congress
finds that—
(1)the use of marine
and hydrokinetic renewable energy technologies can reduce contributions to
global warming;
(2)marine and
hydrokinetic renewable energy technologies can be produced domestically;
(3)marine and
hydrokinetic renewable energy is a nascent industry; and
(4)the United States
must work to promote new renewable energy technologies that reduce
contributions to global warming gases and improve domestic energy
production.
(b)
(1)As soon as practicable after the date of enactment of
this subsection, the Secretary shall establish a program under which the
Secretary shall award grants to eligible entities—
(A)to advance the
development of marine and hydrokinetic renewable energy;
(B)to help fund the
costs of environmental analysis affecting the deployment of marine hydrokinetic
devices;
(C)to help enable
the eligible entities—
(i)to gather and
collect the types of environmental data that are required when working in a
public resource (including the waterways and oceans of the United States);
and
(ii)to monitor the
impacts of demonstration projects and make the resulting information available
for widespread dissemination to aid future projects; and
(D)to help fund the
cost of advancing renewable marine and hydrokinetic technologies in ocean and
riverine environments from demonstration projects to development and
deployment.
(2)To
be eligible to receive a grant under this paragraph, an entity shall submit to
the Secretary an application at such time, in such manner, and containing such
information as the Secretary may
require.
.
7.The Energy Independence and Security Act of
2007 (42 U.S.C. 17211 et seq.) (as amended by section 6) is amended by
inserting after section 636 the following:
637.
(a)In carrying out this subtitle, the Secretary
shall—
(1)coordinate and
avoid duplication of activities across programs of the Department and other
applicable Federal agencies, including the National Laboratories;
(2)collaborate with
(as applicable)—
(A)industry;
(B)stakeholders;
(C)other Federal
agencies, including the National Laboratories;
(D)academic
institutions; and
(E)international
bodies with relevant scientific expertise; and
(3)obtain from the
recipient of assistance and make available to the public, through Web sites,
reports, and databases of the Department, any research, development,
demonstration, and commercial application information produced with respect to
supported technology, including information obtained after the completion of
supported activities, except to the extent that the information is protected
from disclosure under section 552(b) of title 5, United States Code.
(b)Not
later than 1 year after the date of enactment of this section and at least once
every 2 years thereafter, the Secretary shall submit to Congress a report on
findings and activities conducted under this
subtitle.
.
8.Authorization of
appropriationsSection 639 of
the Energy Independence and Security Act of 2007 (42 U.S.C. 17215) (as
redesignated by section 5(1)) is amended to read as follows:
639.Authorization
of appropriations
(a)There is authorized to be appropriated to carry out this
subtitle $75,000,000 for each of fiscal years 2012 through 2014, to remain
available until expended.
(b)Of
the amount authorized to be appropriated for each fiscal year under subsection
(a), $75,000,000 shall be derived for each fiscal year from the amount
authorized for energy-intensive industries efficiency programs under section
452(f) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(f))
for each of fiscal years 2012 through 2015.
(c)No funds shall be appropriated under this section for
activities that are receiving funds under section 931(a)(2)(E)(i) of the Energy
Policy Act of 2005 (42 U.S.C.
16231(a)(2)(E)(i)).
.
8.Authorization of
appropriations
(a)Section 639 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17215) (as redesignated
by section 5(1)) is amended to read as follows:
639.Authorization of
appropriations
(a)There is authorized to be appropriated to carry out this
subtitle, to remain available until expended—
(1)$70,000,000 for fiscal
year 2012; and
(2)$75,000,000 for fiscal
year 2013.
(b)No funds shall be appropriated under this section for
activities that are receiving funds under section 931(a)(2)(E)(i) of the Energy
Policy Act of 2005 (42 U.S.C.
16231(a)(2)(E)(i)).
.
(b)
(1)Section 609(d) of the Public Utility Regulatory Policies Act
of 1978 (7 U.S.C. 918c(d)) is amended by striking 2012
and
inserting 2011
.
(2)The amount otherwise made available to carry out section 412
of the Energy Policy Act of 2005 (42 U.S.C. 15972) shall be reduced by
$75,000,000 for fiscal year 2013.
9.National
Renewable Energy Deployment Program
(a)Section 803 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17282) is amended by striking the section heading and
inserting National Renewable
Energy Deployment Program
.
(b)Section
803(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17282(a))
is amended—
(1)by striking
paragraph (1);
(2)by redesignating
paragraphs (2) through (4) as paragraphs (1) through (3), respectively;
and
(3)in paragraph
(3)(B)(iv) (as so redesignated), by striking Alaska
small
.
(c)Renewable energy
construction grantsSection 803(b) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17282(b)) is amended—
(1)in paragraph (1),
by inserting establish a national renewable energy construction grants
program under which the Secretary shall
after shall
;
and
(2)by adding at the
end the following:
(5)In
making grants to eligible applicants to carry out renewable energy projects
under this section, the Secretary shall give priority to applicants
that—
(A)have power costs
that are 125 percent or more of average national retail costs; or
(B)will use the grant
to construct renewable electricity projects to replace fossil fuel
projects.
.
9.National renewable
energy deployment program
(a)Section 803 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17282) is amended by striking the section heading and
inserting National Renewable
Energy Deployment Program
.
(b)Section
803(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17282(a))
is amended—
(1)by striking paragraph
(1);
(2)by redesignating
paragraphs (2) through (4) as paragraphs (1) through (3), respectively;
(3)in subparagraph (B)(iv)
of paragraph (3) (as so redesignated), by striking Alaska
;
and
(4)by adding at the end the
following:
(4)Small hydroelectric
powerThe term small hydroelectric power means power
that—
(A)is generated—
(i)without the use of a dam
or impoundment of water; and
(ii)through the use
of—
(I)a lake tap (but not a
perched alpine lake); or
(II)a run-of-river screened
at the point of diversion; and
(B)has a nameplate capacity
rating of a wattage that is not more than 15
megawatts.
.
(c)Renewable energy
construction grantsSection 803(b) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17282(b)) is amended—
(1)in paragraph (1)—
(A)by inserting
establish a national renewable energy construction grants program under
which the Secretary shall
after shall
; and
(B)by inserting ,
including feasibility studies for such projects
before the period at
the end; and
(2)by adding at the end the
following:
(5)In
making grants to eligible applicants to carry out renewable energy projects
under this section, the Secretary shall give priority to applicants
that—
(A)have power costs that are
125 percent or more of average national retail costs; and
(B)will use the grant to
construct renewable electricity projects to replace or partially replace fossil
fuel
projects.
.
July 11, 2011
Reported with amendments